|

They made us many
promises, more than I can remember,
but they never kept but one;
they promised not to take our land, and they did.
- Mahpiua
Luta "Red Cloud" Oglala Lakota
- Arc
of Light -
- Floppy's Statement -
- Petition for FS Access -
Arc
of Light:
An Opinion on Permit Options
I
am going next week to the Northern rim of the Great Basin to
meet up with scouts and look at possible sites.
After leaving Exile Camp at last
years Gathering I went directly to the Federal Prison Camp in Florence,
Colorado and "served" 90 days for the ticket I received at the
Pennsylvania Gathering in 1999.
I want to thank so much all the Rainbows
who sent postcards, pictures, postings, paperbacks, prayers, positive
vibrations. You all touched me, helped me along.
The Authoritarian Bureaucrats who
wrote that regulation planned for us to be corralled in a position of
illegality. That's what they wanted to do.
Unlike the two Federal cases in the
1980s where we prevailed and two sets of similar regulations were
ruled Unconstitutional, today there have been a long string of rulings
against our positions.
Even in those cases where we have
won on certain aspects (liability, vague terms and conditions) still the
courts have allowed for the regulation to stand.
By continuing a position of noncompliance
we play into the position that "they" want: A position where
they can continue to criminalize us. Where they can prevent resource rangers
from working with us. Where they can harass, intimidate, provoke, search,
seize, ticket and even arrest anyone coming or going or attending ("Use
and occupancy" is what I was ticketed for).
One of the questions we face is "How
do we win what we really want?"
If what we want is a glorious last
stand in a losing battle with the Government over Our Rights, then we
should continue to stand in defiance and watch as over the next years
the harassment increases, and our numbers diminish until we are thoroughly
worn down, even dissolved.
If what we want is to change the
world by growing and sharing our circle of community, our goodness, our
way of being family, and all the other beautiful things that we do, then
we need to find a way to fend off this attack on Our Rights.
We have gained as much or more over
these years in discussion and communication with the opposition than we
have through the courthouses. The bureaucracy has been willing to give
over some ground, including some big issues that we lost on in the courts
(such as: Not having to be either designated nor a representative.)
These Rights of Assembly, and Religion
and Association, and Expression are Eternal Rights. They can¹t be
taken away, or regulated away. But the people who practice them can be
pursued, hounded, blockaded, arrested, jailed, and even worse.
This is what we should avoid right
now. There is a climate of fear across the land. Homeland Security and
the Patriot Act are real. We need to act with creativity and wisdom and
as much unity as we can muster and not from a place of enjoying the conflict,
nor from a place of fear.
As a dedicated Peace activist I believe
the time is right to make the best Common Ground approach, and gain as
many advantageous choices as we can in a very difficult situation. This
is I believe - the best way to continue to spread our Arc of Light.
I have given notice to the Forest
Service (in the regions that cover the Great Basin¹s Northern rim)
that I am willing to come forward as a signer on their paperwork, but
that I will need several things clearly written, and several things done.
First: that I am a "individual
proponent of the event" and "not an agent or representative
for anyone other than my own self." I am not designated by anyone
else, nor by any group, nor does the assembly of individuals at issue
here have any method for designating me or anyone else.
Second: I waive my rights of confidentiality
so all parts of this process are public, of public record, "can take
place in the open, with witnesses, recording, etc."
Third: a resource team works with
participants together "to insure resource protection, public safety
and health" (similar to operating plans 1982-1995.)
Fourth: a procedure is developed
for a sign-off letter to be delivered to the last of the Onsite Cleanup
Crew from the District Ranger asserting that cleanup and rehabilitation
have been completed and have met or exceeded FS standards and public lands
left in satisfactory or better condition (similar to cleanup letters 1990
1997).
I heard back from Recreation Officers
from both regions saying yes, all that would be acceptable to them.
I believe that an Open Process, a
Resource Team working with us again, a return to a "cleanup"
letter, and other benefits, hopefully, in terms of not giving law enforcement
a free hand to harass whoever, whenever and however they want is the best
possible course to choose right now.
Sometimes we have to choose between
What is Wise and What is Right. These points are never easy or one-sided.
Everyone has strong, thoughtful reasons for believing what they do. I
would ask, only with great respect for dissenters and disbelievers in
this process: Wait and see. Give the peace a chance.
At least two of our court rulings
have said, that while "on its face" they see the regulation
as lawful; if we apply and are faced with the unfair application of this
regulation to hinder or prevent our expression, then we have open to us
"as applied challenges" to the law.
The "Name of the Group"
I would put on the application would be: "Individuals Assembling
for Expressive Activity and Meditation for Peace." The Description
of Proposed Activity: "Temporary Encampment for Expressive Purposes
including: Information Exchange, Educational Activities, Prayer, Meditation,
Contemplation and Jubilation.
I believe the Gatherings are going
to grow and evolve vastly in the next decades, that these ideals which
we practice are going to be brought to a huge number of people across
our planet, that we are still in the very early phases of what these Gatherings
could come to be. These are very fierce and fast-changing times. We have
to adapt to the moment to survive.
Finding this middle ground is a way
of coming to terms with the bureaucracy while protecting our rights as
best we can, and making Peace out of the conflict without becoming an
organization ourselves, without selecting "officials" ourselves,
without hidden agreements, without becoming one more group with an endlessly
fought-over process for selecting "chiefs" and "rulers."
I intend to be a part of the scouting
for about a week, to attend a map meeting with scouts and Forest Service
discussing some potential locations again in the interests of creating
a Common Ground process.
I do not intend to negotiate "things"
with the Forest Service. That job is for any of the ten thousand and one
who choose to work with the FS resource people to cooperate on whatever
needs there may be, and who choose to speak with FS staff to regain the
practical talents of working together in a cooperative spirit.
I do intend to work on the cleanup
crew, participating in the naturalization of the site through cleanup¹s
conclusion.
I am not doing any of this on behalf
of anyone other than my lone self.
You /All are responsible as ever for your own words and deeds, and for
what we bring together to make this shared community.
I wish everyone strength and wisdom
and safe travels,
- Garrick
Forest
Service Permit Compliance:
Floppy's Statement
I am
writing this statement to express my opinion about an action that will
be imposed by some individuals. The action is an intent to sign a special
use permit for gathering. I want to make it perfectly clear that I do
not support this action 100% and have decided not to feed this action
in any way, shape or form.
Even though the title of this proposal would not include the title of
Rainbow, it is my belief that it will still be profiled as a Rainbow event.
The two main reasons why I do not support this action are:
(1) Complying with the forest service(which
is a branch of the United States Government who has never upheld a treaty
agreement)is a bad idea.
(2) It will Create a wall of division from within.
My belief is that this action aids the government more than it aids the
function. By complying with the government, you give them a more concrete
foundation for regulation, that could lead to even more control
and later to payoffs. An example of this is what has happened to the BurningMan
Festival.
I believe this action is being motivated by fear. Which is very modern
American(giving up freedom for comfort).
As an individual, this brings up the question: how much I can support
this event? (if this is the pattern that will be created). Part of my
calling to attend these functions is that I can practice my right as a
human being to peacefully assemble on public lands in a noncommercial
event, and practice my right to my own religious beliefs. Signing for
permission takes
that right away.(Remember, I believe this will still be profiled as a
Rainbow event). It also gives law enforcement more right to patrol and
control, PERIOD!
I have been told that this permit
will create a space for people, who have the fear in them, to attend the
function and practice their rights,and will abolish the energy of dealing
with law enforcement. This is false.
First- law enforcement will still be there at annual gatherings.
One example where a permit was signed, the law enforcement was as bad
as ever in Missouri '96. Also, by complying, it gives them more right
to patrol for illegal activities(I know certain spiritual sacraments are
illegal).
If the law enforcement relaxes for a year or two because of this action(a
show of false good faith),they may create more regulation for control
gain down the line. The energy will then go from hippy vs. cop movie to
the line of division: Hippy vs. hippy movie(cause we all know hippies
know
everything(sarcasm). Hence, this aids the government.
Another thing that bothers me is that this action is being presented as
being in the open. Although it won't be a secret meeting, the thing that
bothers me is, it's not open for discussion. I was told that no matter
how many people opposed this action it would not make a difference in
the action itself. So lets be real,the action will be available for open
viewing but
not open process. So lets cut the sugar coated crap. Once again the wall
of division this action will create,only aids the government and not the
family,PERIOD!!!
This statement I am putting out was also motivated by someone spreading
propaganda that I support this action.
Once again let it be known-I DO NOT SUPPORT THIS ACTION 100%!!!!!
This statement (believe it or not) is also motivated from love and concern
as a human being. I really hope the Feds reject this proposal. I would
like to add, for anyone who supports this action, I will be happy to work
with you during cleanup. Not just a couple days, but till the final walk
through (which in the past 8-10 years is around July 28). This mean, staying
all
the way through the clean up process, not leaving and returning for the
final walk. If you support this action that aids the government, you should
support the function by cleaning up.
We need more indians not chiefs.
- Love, Floppy
Note: This statement is from myself and myself only.
It has not been influenced by anyone but myself.
P.S. "Those who sacrifice their freedom for security deserve niether."
-Thomas Jefferson (I didnt say that, he did)
Petitions
for National Forest Access
To
President George W. Bush, Secretary of Agriculture Veneman,
Asst. Secretary of Agriculture Mark Rey, Forest Service Chief
Dale Bosworth, USDA Office of Civil Rights, USDA Forest
Service Officials, Justice Department:
I.
Petition for Recognition of Creed
I/We hereby affirm that
"Rainbow Family of Living Light",
is a Creed/Cultural Practice, as embodied in the Invitation,
consisting in beliefs, ideas and cultural practices that affirm the
Relatedness and Intended Harmony of Life on Earth. Rainbow
Family "Welcome Home" All as "Family". Rainbow
Family Tribe/s
is Open to and Inclusive of Every Being and Spiritual Pathway on
Earth -- all Pathways are respected for contributing to the Peace
and Positive Ecolution of Humankind. Rainbow Family is
individuals, persons, who unite in a common Prayer, Petition for
Peace and Harmony on Earth, which is expressed by peaceably
assembling, with others, in "Annual Gathering of the Tribes,
July
1-7", to demonstrate Ways of Peace on Earth; and Share in a
Circle of Peace in Silence, on the 4th Day of July, of Prayer,
Petition for Peace and Freedom. Rainbow Family Creed/Cultural
Practice has many names and ways of expression, including
"Rainbow Family of Living Light", "Rainbow Family Tribe/s",
"Rainbow Gatherings", and many others expressed Freely through
the Spirit of Love in Individuals.
I/We therefore offer prayer, petition to the government of
the People of the United States of America to recognize this
Creed/Cultural Practice and duly acknowledge the Constitutional
protections which rightly accrue to its adherents, practitioners.
II. Petition for
Recognition of Expressive Activity
I/We hereby affirm that
the "Annual Gathering of the
Tribes, July 1-7", is a "Peaceable Assembly for purposes
of
Expression". This unique form of expression, embodied in the
Invitation, consists in many diverse individuals, groups coming
together in and by the expressive activity of "Gathering"
for Peace
on Earth. Free, Open, where All are "Welcome Home". This
expressive assembly is a mode of speech enacted only by the
voluntary presence of every person attending. "Rainbow Family
Tribe/s" is a Creed and/or Cultural Practice, not a "group"
but
refers to all attendees, and conveys an idea of the theme and
character of the intended expression. Rainbow Family is
individuals, persons who unite in a common Prayer, Petition for
Peace and Harmony on Earth, which is expressed by peaceably
assembling, with others, in "Annual Gathering of the Tribes,
July
1-7", to demonstrate Ways of Peace on Earth; and Share in a
Circle of Peace in Silence, on the 4th Day of July, of Prayer,
Petition for Peace and Freedom.
Annual Gatherings of the Tribes specifically indicates
equality and respect for all life, with open circles and council
forums for sharing issues, problem-solving, with volunteer
cooperation guided by respect, love and the desire to create an
inclusive vision of peace.
Whereas, the "Annual Gathering of the Tribes" has been
mis-identified by Federal Agencies, Judiciary and Officials as being
a "group event" or an event "organized by a group",
thereby
repeatedly causing these Expressive Assemblies to be designated
"illegal" upon failure of providing signatory evidence of
group
sponsorship;
Whereas such prohibition of this Expressive Assembly
causes undue hardship to thousands of individuals, citizens seeking
access to national forest to assemble for expressive purpose, who
adhere to this Form of Expression as their time, place, manner in
which they petition, pray, chant or enact whatever is the want or
will of the people;
I/We therefore offer prayer, petition to the government of the
People of the United States of America to recognize the "Annual
Gathering of the Tribes", as a Peaceable Assembly for Purposes
of
Expression; be recognized as a form of Expression; as a form of
Speech, and which is entitled to full protection of the laws.
III.Petition for
Alternative Implementation
of Non-Commercial Group Use Regulation
I/We hereby call on
the Chief of the Forest Service to offer
Alternative Implementation of the Non-Commercial Group Use
Regulations, 36 CFR 251 Subpart B, to accommodate Individual/s
Proposals to exercise rights to access to national forest for
purposes of Expressive and/or Recreational Assemblies which may
involve more than 74 people, when such assembly does not have
legal structure or "standing", to be able to fulfill the
"signature
requirement" of this regulation. This Regulation states that
the
District Ranger or Authorized officer (i.e. regional Forest
Supervisor) "shall offer an alternative suitable to the applicant".
Where as, Individual/s have been prohibited access to
national forest for practice of Spiritually held Creeds, Cultural
Practices, Expressive and/or Recreational Assembly due to a Forest
Service Policy requiring "group sponsorship", by designation
of a
legal "agent" who can "sign on behalf of the group",
which
categorically precludes Individual/s, volunteering/acting on their
own behalf, from qualifying for Access for assemblies involving
more than 74 people;
Where as, enforcement of this restrictive policy has placed
undue hardship on individual/s, Citizen proponents of Spiritual
Creeds, Cultural Practices, Expressive Activities and/or
Recreational Assemblies involving more than 74 people, by
eliminating longstanding Citizen/individual Access to National
Forest lands thereby "chilling" Spiritual, and Free, Expression
and
rights of assembly;
Where as, Alternative forms of Implementation are known
to exist and proven to facilitate successful management strategies
for large Assemblies of this nature; such as the use of open public
forums, at such assemblies, to develop cooperative operating plan
guidelines;
I/We hereby call on the Chief of the Forest Service to issue
such Policy Guidance as will direct Authorized officers to offer
such Alternative Implementation as will accommodate Individual/s,
Proponent/s of Spiritual Creeds, Expressive and/or Recreational
Assemblies lacking legal structure or "standing" to meet
"signature
requirement" and facilitate access to National Forest lands.
IV.Petition to Eliminate
Age Discrimination
from Non-Commercial Group Use Regulations
I/We hereby call on
the Chief of the Forest Service to
eliminate Age Discrimination from the Non-Commercial Group
Use Regulations, 36 CFR 251 Subpart B.
Whereas this Regulation specifically requires the signature
of a person who must be 21 years of age or older to "sign"
a permit
in order to qualify for Authorization for activities involving 74
or
more people; thereby categorically excluding citizens of age 18, 19,
20, in assembly, from such access to National Forest Lands.
Whereas, all rights of United States Citizenship accrue to
qualified individuals at the age of 18, this prohibition of citizen
applicants under age 21 is an unjustified infringement on the rights
of Citizenship, which includes the right to peaceably assemble for
expressive activity or other purpose.
Therefore I/We call for such immediate amendment or
alternative, to this Regulation, as will allow all citizens, regardless
of age, Equal Access to National Forest Lands.
V. Petition to Commence
Forest Planning for Large
Assembly Use of National Forest Lands
I/We hereby call on
the Chief of the Forest Service to
institute such policy directive/s as will initiate Forest Planning
processes to identify, inventory and designate Large Assembly
Sites on National Forest Lands.
Identification of appropriate assembly sites will facilitate
Public Access to National Forests Lands and Accommodate Access
for uses that may involve hundreds or thousands of attendees.
Large Assemblies and Group Uses, such as those addressed
in the Non-Commercial Group Use Regulations, 36 CFR 251
Subpart B, are a legitimate use of Forest Lands which need to be
recognized as such and included in multiple use Forest Planning
Processes.
Failure to identify and inventory Large Assembly Sites,
developed and undeveloped, creates a situation where Individual/s
and Group/s proposing large events on Forest Lands, either for
recreational or expressive purpose, find District Rangers without
necessary policy or plan in place for managing such an event.
Currently, when a large Assembly seeks access to a site, no
applicable forest land and resource management plan is in effect.
As a result, events are treated as an "emergency" causing
expensive
management processes to be implemented. Also, if a site is applied
for, and is unacceptable due to resource and health considerations,
no "alternatives' are available. Neither local citizens, the
public at
large, or State and Federal agencies have planned for such
situations. Forest planning and developed policy, i.e., through
standard public planning process etc., to foresee public needs,
appropriate site locations, etc., is needed to prevent the use of
emergency resources, and facilitate access to national forest for
such events.
Forest Planning is necessary to fulfill management
objectives and requirements under the National Forest
Management Act and 36 CFR part 219, and in accordance with the
Non-Commercial Group Use Regulations, 36 CFR 251.54
(3)(ii)(B): "Authorization of the proposed activity is consistent
or
can be made consistent with the standards and guidelines in the
applicable forest land and resource management plan required
under the National Forest Management Act and 36 CFR part 219;"
See also (3)(ii)(C)&(D).
Therefore, I/We hereby do Petition the Chief of Forest Service
to immediately implement directive/s to all Districts to identify,
inventory and designate Large Assembly Sites for public use.I
have asked individuals to sign these Petitions giving the following
information; and to address these Petitions to Office of Civil Rights
as well as others.
Signed, Print name,
address, Country, Optional - and/or National
Forest region - Optional: Indicate one: adherent/ supporter/
attached statement - - - Please send completed petitions to:
USDA, Director, Office of Civil Rights, Room 326-W, Whitten
Building, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410 and please send copy to Wounded Earth, P.O. Box
8574, Missoula MT 59807
The Wounded Earth
Environmental Project (W.E.E.P.) volunteers
have agreed to collect copies of these Petitions.
Respectfully,
Barry E. Adams, plunker, pro Se - Montana, (Region 1)
|